Terms of Service

Welcome to Fluents.ai! Fluents.ai provides a voice and conversation AI platform that enables businesses to integrate AI-driven conversational tools. We have created these Terms of Service (“Terms”) to govern the relationship between Fluents.ai, Inc.(“Fluents”, “we”, “our”) and the entity or person (“Customer”, “You”, “Your”) using or accessing our services, applications, or platform through our website available at Fluents.ai  (the “Services”). Please take a moment to review these Terms, along with our <Privacy Policy>, which outlines how we handle your data. These documents together form a single binding agreement between us (the “Agreement”).

By using the Services, you agree to be bound by this Agreement. This Agreement is effective when you are presented with this Agreement and proceed to use or access the Services (the “Effective Date”). This Agreement may be updated occasionally and will be presented to You from time to time, and all changes will be effective as of the “Last Updated” date stated at the top of this page. By continuing to use the Services, you accept the updated terms. If you don’t agree with the changes, please stop using or accessing the Services.  

1. Access to the Services

Fluents is committed to continually refining the Services to create the best possible product for Customers. With this goal in mind, Fluents reserves the right to modify, change or discontinue the Services or any part of the Services in our sole discretion. Although we aim to provide high availability of the Services, we do not guarantee the Services’ quality, stability, uptime, or reliability, unless otherwise agreed between the parties in a separate written agreement.  From time to time, we may have downtime occur for maintenance, upgrades or unanticipated technical issues. 

Subject to your compliance with these Terms, Fluents grants you a non-exclusive right to access and use the Services.  You are entirely responsible for provisioning and managing Your accounts and Your compliance with this Agreement.

2. Use of the Services

By using the Services You confirm that You are at least 13 years old and meet the minimum age of digital consent in your country. If you are old enough to access the Services in your country, but not old enough to have authority to consent to our terms, Your parent or guardian must agree to our Terms on Your behalf. 

You agree not to use the Services to transmit or provide any financial or medical information, or any sensitive personal data, including but not limited to social security numbers, driver’s license numbers, birth dates, personal bank account numbers, passport or visa numbers, and credit card numbers. You are responsible for the content of all communications sent by Your users through the Services.  Please read our Privacy Policy which explains how we use your data and our strong commitment to security and privacy.

You will make reasonable efforts to prevent unauthorized access to the Services and let Fluents know right away if you notice any unauthorized access, security breaches, or misuse. You'll also be responsible for keeping Your access credentials and passwords secure and confidential. 

The Services allow You to submit content (“Input”) and receive outputs based on the Inputs that You provide (“Output”). Input and Output are collectively referred to as “Content”. You are responsible for the content of all communications sent by Your users via the Services. 

You acknowledge that You are responsible for any Input that You enter, and that You have full responsibility for Your Input, including its legality, reliability, accuracy, and appropriateness. You represent and warrant that Your Content complies with all applicable laws and regulations, and does not violate the legal rights of others, including any intellectual property or privacy rights, and does not contain any material, including any sensitive or confidential information, that could give rise to obligations or liability under applicable laws or regulations.

You will retain ownership of Your Input, and will own all Outputs You create using the Services to the fullest extent permitted by applicable law. We may use Your Content to provide, maintain, develop, and improve the Services, comply with applicable laws, enforce these Terms, and enforce any applicable Company policies.

We have the right to refuse any Content for any reason in our sole discretion, and take any action with respect to Content that we deem necessary or appropriate in our sole discretion, including if we believe that the Content violates these Terms or creates liability.

3. Restrictions and Prohibited Activities

You may not use the Services in any way that is not expressly permitted by these Terms. You agree not to directly or indirectly reverse engineer, decompile, disassemble, modify, create derivative works of, reproduce, distribute, or publicly display any part of the Services, or attempt to create or derive the source code underlying the Services, or allow any third party to do so. You also agree not to probe, scan, or test the vulnerability of the Services, breach any security or authentication measures, or intentionally make any part of the Services unusable without proper authorization. Additionally, you will not use or access the Services to develop a product or service that competes with the Company's offerings, or engage in competitive analysis or benchmarking. The Services may not be transferred, distributed, resold, leased, licensed, assigned, or offered on a standalone basis. You will not use the Services to introduce any virus, worm, Trojan horse, malware, or other harmful code, or use the Services for impersonation or any fraudulent activity. Lastly, you agree not to use the Services in violation of applicable laws (including export laws) or outside the scope expressly permitted here or agreed upon in a separate written agreement.

4. Termination

Fluents reserves the right to suspend or ban Your access to the Services at any time, for any reason, but not limited to violations of the Terms.  After your user account or right to access the Services is terminated for any reason, You must immediately stop using the Service and delete any copies of the software or platform components in Your possession. You will not be refunded for the current subscription period, but You will not be charged after the current subscription period has ended. 

Upon expiration or termination of this Agreement, all rights and obligations will immediately end, except for those terms that, by their nature, are meant to survive. These include provisions related to technology restrictions, disclaimers, indemnification, limitations of liability, termination, and other terms of this Agreement. 

5. Payment and Billing

When purchasing any Services, You agree to provide accurate and complete billing information, including a valid payment method. For paid subscriptions, we will automatically charge Your payment method on a recurring, periodic basis until You cancel. You are responsible for any applicable taxes, and we will charge any applicable tax when required.

You may cancel your paid subscription at any time. However, cancellations made after the billing for that month has been charged will not be refunded. Payments are non-refundable, unless required by law. These Terms do not override any mandatory local laws concerning your cancellation rights.

We may invoice You for the Services through a third-party payment provider. In the event of any conflict, the terms of service of the third-party provider will take precedence, specifically regarding payment processing.

6. Intellectual Property

Any trademarks and service marks, trade dress, copyright-protected works, rights of publicity, patents, know-how, trade secrets, proprietary ideas, and publicity rights that are reproduced, distributed, displayed, performed, transmitted, or otherwise appear in the Services or any content therein (collectively, “Fluents IP”) are property of Fluents, its licensors, or other providers of such material. Other than as expressly allowed by us in writing, nothing herein or in the Services may be implied as granting any license, assignment or right to copy or use Fluents IP without prior authorization. 

7. Disclaimers

FLUENTS AND ANY PERSON ASSOCIATED WITH FLUENTS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.  YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FLUENTS SHALL NOT BE LIABLE FOR THE RESULTS OF ANY COMMUNICATIONS SENT OR ANY COMMUNICATIONS THAT WERE FAILED TO BE SENT USING THE FLUENTS SERVICES, AND YOU ACKNOWLEDGE THAT THE INSIGHTS OR COMMUNICATIONS PROVIDED BY THE SERVICES DO NOT CONSTITUTE PROFESSIONAL ADVICE OR COUNSEL.  FLUENTS IS NOT RESPONSIBLE OR LIABLE FOR ANY THIRD PARTY PLATFORMS, DOES NOT GUARANTEE THE CONTINUED AVAILABILITY THEREOF OR ANY INTEGRATION THEREWITH, AND MAY CEASE MAKING ANY SUCH INTEGRATION AVAILABLE IN ITS DISCRETION. FLUENTS MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

8. Limitation of Liability and Indemnification

YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOSS OF USE, GOODWILL, DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, REGARDLESS OF THE CAUSE. OUR TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.

YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICES. IN THE EVENT THAT YOU CAUSE HARM TO A THIRD PARTY OR BECOME INVOLVED IN A DISPUTE, WE SHALL NOT PARTICIPATE NOR ASSUME ANY LIABILITY.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY AND HOLD US, OUR AFFILIATES, AND PERSONNEL HARMLESS FROM ANY COSTS, LOSSES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS' FEES) ARISING FROM THIRD-PARTY CLAIMS RELATED TO YOUR USE OF THE SERVICES OR ANY BREACH OF THESE TERMS.

9. Dispute Resolution

By entering in this Agreement, You agree that in the event a dispute, controversy, or claim arises out of or relating to these Terms (“Dispute”), the Dispute will be resolved by binding arbitration rather than in court and waive any right to participate in a class action lawsuit. The parties will first try in good faith to settle any Dispute within 30 calendar days after the Dispute arises. If the Dispute is not resolved within 30 calendar days, it shall be resolved by binding arbitration by the American Arbitration Association’s International Centre for Dispute Resolution in accordance with its Expedited Commercial Rules in force as of the date of this Agreement ("Rules"). The parties will mutually select one arbitrator. The arbitration will be conducted in English in San Francisco County, California, USA. By agreeing to mandatory arbitration as set forth herein, You and Fluents knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim, except that either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in the Agreement. The arbitral award will be final and binding on the parties and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property.

Each party will bear its own lawyers’ and experts’ fees and expenses, regardless of the arbitrator’s final decision regarding the Dispute.

10. Miscellaneous

1. This Agreement will be governed by the laws of the State of California, USA, without reference to conflict of law rules. All disputes will be governed by the arbitration agreement above. 

2. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, (“Force Majeure Event”) including earthquake, flood, or other natural disaster, act of God, labor controversy, civil disturbance, terrorism, riots, or war. 

3. This Agreement does not create any association, agency, partnership, employment, or joint venture between the parties hereto, or be construed to evidence the intention of the parties to establish such a relationship. Neither party will have the authority to obligate or bind the other in any manner, and nothing herein contained will give rise or is intended to give rise to any rights of any kind to any third parties. 

4. If a court of competent jurisdiction determines that any provision of this Agreement is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of this Agreement will remain in full force and effect and bind the parties according to its terms.

5. This Agreement does not confer any benefits on any third party unless it expressly states that it does. 

   
   

11. Contact Us

If you have any questions about these Terms, please contact us at: support@fluents.ai or contact us by post at:

Fluents.ai

96 buena vista avenue

Mill Valley, CA 94941

United States